Amendment for women’s security, safety and justice deliberated by Con-Con review committee

Pago Pago, AMERICAN SAMOA — The Amendment for Women is one of the proposed measures deliberated on during the Constitutional Review Committee hearing earlier this week.

According to the review, the American Samoa Constitution does not state as a value the people's commitment to women's inclusion in security and justice.

The general memorandum of the resumption of the constitutional review committee meeting stated the proposed amendment would add such a statement to the preamble with the intention of raising and improving the status of women in American Samoa.

"Proposed language for preamble: Whereas the American Samoa Government shall be committed to women's inclusion, safety, and justice.

“The importance of the preamble contains the philosophy on which the entire Constitution has been built. It provides a standard to examine and evaluates any law and action of the Government to find out whether it is good or bad. Hence it is the soul of the Constitution."

Tapa'au Dr. Dan Aga, emphasized the Samoan proverb "E au le inailau a tamaitai" which means the women’s row of thatch was completed, referring to the strength of women.

He referenced a book called "tama'ita'i Samoa”, as Tapa'au spoke of what occurred in Falealupo that led to this famous Samoan proverb.

During the construction of the Falealupo, Chief Tautanu's residence, the foundation and structure were complete and the men and women were asked to thatch the home. The women and men worked on thatching the fale Samoa or afolau. While men and women started thatching at the same time, the women completed their side first.

"The men took their time in completing thatching and this upset Tautanu and curse[d] the house, which then turned into a rock. And led to the proverb that when women work on something they do it wholeheartedly [and] the work is complete."

Adding that in American Samoa's history only three women have made it into the Senate, Asuega Fa'amamata Lauvai of Pago Pago, Maoputasi County; Tiumalu Telesia Scanlan of Fagatogo, also Maoputasi County and Fonoti Aufata Fonoti of Tafauna, Tualauta County.

Tapa'au also highlighted former women Representatives (faipule), Fano Tilomai Shimasaki; Mable Coleman-Reid; Selepa Pedro Jennings-Reed; Poialii Fiasili Puni-Haleck; Ilaisa Jennings Thompson; Fagamalama Sonoma Fualaau; Laugaia Mary Taufete'e; Vui Florence Saulo; Fialupe Fiaui-Lutu and Andra Samoa Panama.

He said the status of women in American Samoa is an issue to be addressed and cited research conducted on women globally on women's peace and security index.

"Which states three major issues that outlined the status of women in any country and Government, inclusion, security, safety, and justice."

Adding this assessment is to determine the women's equality in the American Samoa Constitution.

"Does the preamble describe an inclusive view of the people by specifically including women? Does the Constitution recognize the right of women to be free and protected from violence wherever committed? Does the constitution state that customary and traditional practices must respect gender and non-discrimination?"

These were the three questions posed to the Committee.

A photo was showcased during Tapaau's presentation — that of Fono leaders, after signing the Constitution in 1960 — there were noticeably no women in the pictures.

He then cited the 10 percent Constitutional quota used by the Samoa Government to assure women are represented in Parliament.

"I read Samoa's Constitution under Article 44 Section 1A, whereas its 10 percent quota, and when looking at American Samoa's data it's for 4 percent in the House of Representatives and 5 percent in the Senate and clearly depicts that our percentage is lower than Samoa."

Adding that no State or a US territory has this type of law in place for women's representation.

Tapaa'u said a number of concerns were raised as to why he was doing research on women's representation, when in fact there is no law that bans women from running for public office.

"However, the question should be posed before the Committee," said Tapa'au.

He appealed to the Committee not to narrow it down to just women's representation in the Fono, but rather to expand and deepen their consideration of the inclusion, security, and peace for all women.

Inclusion represents education and employment, while security has to do with domestic violence and justice addresses discrimination against women.

Another question posed to the Committee was whether "all women in American Samoa are safe or protected against domestic violence?

"There is enough evidence of domestic violence in American Samoa whether the Committee agrees or disagrees.”

Furthermore, there are laws in place such as the sex offender registry and community notifications, laws that should indicate women's security.

Tapa'au also asked whether women have equal rights to men in American Samoa?

"The ban by some villages against women Chiefs is just because it's up to the village and such village bans make women ineligible for the Senate" whether the Committee agrees or not.

Adding that bills prioritizing women's health and safety have soared to the top of the agenda and legislation dealing with domestic violence and reforms to the criminal code were all proposed by women legislators and asks whether it has made a difference.

More on the women's representation issue in later editions.